Default Retirement Age to be Axed

The government have confirmed that the default retirement age (DRA) will be phased out this year, meaning that employers will no longer be allowed to dismiss staff because they have reached the age of 65. Employers will not be able to issue retirement notices to employees after 30th March 2011.
Currently an employer can issue an employee with a notice to force retirement at the age of 65 without paying any financial compensation, with the normal legal obligations in place such as a six month previous meeting and relevant notice.

With this change from the government I encourage employers to hold ongoing communications with their staff to establish their plans, since employees will then have the power to decide their own retirement date.

Wondering what Employment Law changes are due in 2011?

Here's a brief guide to pending Employment Law updates due in 2011.

• Default Retirement Age (DRA) - The government has confirmed the phase out the default retirement age. They have announced that the DRA will be axed from October 2011. From this date employers will be prohibited from retiring a member of staff using the DRA. If an employer issues a notification of retirement before 30th March 2011, they will be able to retire the employee if their date of retirement is before 1st October 2011. After this date they can only retire an employee using this method if they can objectively justify it.

• Right to request flexible working extended to parents of children under 18 - From April 2011, the right to request flexible working will be extended to parents with children under the age of 18 years old. Previously this has only been available to parents with children under the age of 17, or under the age of 18 if the child is disabled, and also for employees who care for adults aged 18 or over.

• Equal rights for agency workers - Coming into force in October 2011 will be The Agency Workers Regulations 2010, which will mean agency workers will be entitled to the same rights as permanent staff after 12 weeks in a job. This will include the basic working & employment conditions, including their pay and holidays.

• Additional paternity leave regulations - From April 2011 employed partners will have the right to take up to six months extra leave, provided the mother has returned to work before using her full entitlement to maternity leave. This regulation will only affect parents with children due on or after 3rd April 2011.

What's the latest on tribunal figures?

Recent figures are showing that the tribunal service is under increased strain, mainly as a result of multiple claims but also partly due to the changing economic climate.

All in all, UK employment claims are up by over 56% from the previous year. This increase is huge, the main areas of dispute to see an increase are Working Time Directive claims with an increase of 300%, deduction of wages and redundancy pay claims. However despite the dramatic increase in these areas, the classic unfair dismissal case is still topping the charts at a massive 51,000 claims!

Sexual discrimination claims have stayed almost the same, and disability, race, religion/belief and sexual orientation cases have all increased, in line with unfair dismissal claims overall increase. We may well see a rise in equality related claims now that the new Equality Act has come into law.

Unfortunately almost 70% of Employment Claims are successful, twice as many than are unsuccessful. Are you up to date with employment law and protecting yourself from a tribunal claim in the future?

The new Equality Act - a brief guide

The new Equality Act came into force on October 1st 2010. The main provisions of the Act are:

• Protection against direct discrimination, indirect discrimination, harassment and victimisation
• Clarification of protected characteristics – these are the grounds on which discrimination can occur. This now includes: Age, Disability, Gender reassignment, Marriage & civil partnerships, Pregnancy & maternity, Race, Religion or belief, Sex and Sexual orientation.
• Changing the definition of gender reassignment to include an individual who has started, proposes to start, or has completed a process to change his or her gender. The individual does not need to be under medical supervision to be protected.
• Associative & perceptive discrimination
  Associative discrimination means discriminating against individuals who associate with an individual with a protected characteristic. E.G. an employee who cares for a disabled relative.
  Perceptive discrimination means discriminating again individuals who it is thought or perceived to have a protected characteristic.
• New concept of ‘discrimination’ arising from disability
• Ban on pre-employment health questionnaires
• Extended protection from third party harassment, to all protected characteristics
• Making secrecy clauses unenforceable
  

What do you need to do as an employer?

• Review your equal opportunities policy
• Review your application form
• Ensure that your managers and employees are aware of the changes.
• Reduce risk of discrimination in recruitment e.g., have clear job descriptions; ensure that interview questions are related to job/skills.
• Do not issue any further pre-employment health questionnaires.
• Take action if an employee alerts you to 3rd party harassment.
• Ensure that any secrecy clauses are removed from contracts of employment.

Having trouble with the new Sick Note to Fit Note?

From 6th April 2010 the sick note was no more and was replaced by the new fit note. Many people with health conditions that would normally be signed off sick, could with some basic support from their employer, work as they recover from their condition. This not only helps the individual but also can benefit the employer by reducing your sickness absence.

To help more people get the support they need to return to work the new fit note system means that the doctor can advise that your employee is either:
'unfit for work'; or 'may be fit for work'.

A doctor will only give a 'may be fit for work' statement if they think that the employees health condition may allow them to work with suitable help and support from their employer. Suitable types of support may be; a phased return to work, altered hours, amended duties or workplace adaptations

If an employee is too ill to work the doctor will advise 'unfit for work', just like the old sick note.
If it is not possible for you as an employer to provide the support for your employee to return to work, you should discuss this with them and use the statement as if the doctor had advised 'not fit for work'

Registration with the Vetting and Barring Scheme Halted

It has been announced by the Government that Registration with the Vetting and Barring Scheme has been halted to allow them to remodel the scheme back to more common sense levels. Voluntary registration for the VBS for new employees, those changing jobs, and for those seeking to work with children or vulnerable adults, will not start from 26th July 2010 as originally planned. In my opinion, employers should continue to undertake all relevant CRB checks for new employees wishing to work with children or vulnerable adults.